Retail & E-Commerce

  • April 03, 2025

    Wash. Justices To Hear Amazon Chemical Suicide Suits

    The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.

  • April 03, 2025

    Bigelow CEO Denies Deliberately Misleading Tea Buyers

    The CEO of R.C. Bigelow repeatedly denied from a California federal court witness stand Thursday that her company deliberately misled consumers by labeling its teas as "manufactured in the USA 100%," saying that the phrase — which a judge has already found to be false — was well-intentioned.

  • April 03, 2025

    CFPB Says It Will Reopen Small-Biz Lending Rule

    The Consumer Financial Protection Bureau said Thursday that it will reopen its Biden-era rule requiring financial institutions to report data on their small business lending activity, the latest policy pivot for the agency under its new Trump-appointed leadership.

  • April 03, 2025

    Samsung Can't Yet Beat Epic's Claim It Colluded With Google

    A California federal judge denied Samsung's bid to end Epic Games' suit claiming it colluded with Google to skirt an impending injunction forcing Google to allow competition with its Play Store, saying Thursday the allegations are plausibly stated so "this is not time to put an end to the case."

  • April 03, 2025

    7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill

    The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.

  • April 03, 2025

    Amazon, Biotech Net $1.9M Win Against Fake Supplement Sellers

    A Washington federal judge has awarded biotechnology company Quincy Biosciences and Amazon a combined total of $1,895,375.40 in default judgments against several individuals who hawked counterfeit Prevagen brain health products through Amazon's marketplace, after the sellers failed to appear or participate in the case.

  • April 03, 2025

    Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted

    Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.

  • April 03, 2025

    Benesch Escapes Claims It Fumbled Ex-Client's IP Theft Probe

    An Illinois federal judge has dismissed a lawsuit from a woman who alleged that a firm she hired botched a potential trade secrets case involving a spill-proof children's lid she claims she created, saying the plaintiff failed to show that Benesch Friedlander Coplan & Aronoff LLP permanently damaged her ability to pursue her underlying legal claims.

  • April 03, 2025

    Franchise Group, Lenders Clash Over Control Of Ch. 11 Case

    A Delaware bankruptcy judge said Thursday she would soon decide whether retail-chain owner Franchise Group Inc. can keep exclusive control over its efforts to confirm a reorganization deal, as a group of lenders that considers the debtor's Chapter 11 plan "unconfirmable" works to intervene in the process.

  • April 03, 2025

    Google, Apple Staff Must Testify In Meta Antitrust Case

    A D.C. federal judge said current and former employees of Google, Apple, TikTok, X Corp., Snap and other tech companies must testify at the Federal Trade Commission's upcoming antitrust trial against Meta Platforms Inc.

  • April 03, 2025

    Online Alcohol Shop, Distributor Near Deal In Antitrust Fight

    Online marketplace Provi and major wine distributor Southern Glazer's Wine have struck a deal in principle to resolve their dispute in an antitrust suit claiming the distributor conspired to stifle competition, according to a notice they have filed in Illinois federal court.

  • April 03, 2025

    Baltimore Sues 'Exploitative' Online Sports Betting Giants

    The city of Baltimore, in what appears to be a groundbreaking action for a municipality, on Thursday became the latest entity to sue sportsbooks DraftKings and FanDuel for alleged deceptive practices to entice potential bettors.

  • April 03, 2025

    Ex Jushi Exec Says Pot Co. Fired Him For Whistleblowing

    The former chief operating officer for Jushi Holdings Inc. is suing the cannabis company, saying he was wrongly terminated after working to ensure the company's facilities met safety and compliance standards.

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

  • April 03, 2025

    Amazon Bids For TikTok As US Ban Nears, And More Rumors

    Amazon has emerged as a last-minute bidder for TikTok, which faces a looming ban in the United States if the popular video app is not separated from its own Chinese owner, while two of China's biggest automakers are pursuing a merger and Brookfield Asset Management is finalizing a deal to acquire Colonial Pipeline Inc. for more than $9 billion.

  • April 03, 2025

    Diageo GC Resigns For Top Legal Role At Thermo Fisher

    The general counsel at Diageo PLC will depart the British spirits maker for a similar position at biotechnology company Thermo Fisher Scientific Inc., he announced in a LinkedIn post.

  • April 03, 2025

    Accountant Cleared To Testify In Malpractice Case Against Her

    An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.

  • April 03, 2025

    SunSetter To Pay $9M Over Defective Awning Covers

    A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.

  • April 02, 2025

    Bigelow VP Didn't Want Name In Emails About 'USA' Label

    A former R.C. Bigelow vice president testified Wednesday in a trial over the labeling of its products as "manufactured in the USA," agreeing that he once told a Bigelow executive he wished his name wasn't connected to the label, which a California federal judge has found to be false.

  • April 02, 2025

    Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says

    Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court. 

  • April 02, 2025

    Jack in the Box Accused Of Killing Wash. Franchise Deals

    Two Jack in the Box Inc. franchisees claim the fast-food chain is using a series of recent closures as a pretext to seize the nearly 40 other financially viable locations they operate across Washington state, according to a new lawsuit seeking to stop the alleged takeover.

  • April 02, 2025

    Parents, Distributor Settle Suit Over Baby Lounger Death

    The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.

  • April 02, 2025

    Opendoor To Settle Shareholders' Real Estate Tech Suit

    Investors in real estate firm Opendoor Technologies Inc. said in a court filing Wednesday that they've struck a deal to end a lawsuit accusing the company of overhyping its pricing algorithm software prior to going public in a reverse merger with a special-purpose acquisition company.

  • April 02, 2025

    Kove Wants Fed. Circ. To Back $673M IP Win Against Amazon

    Software company Kove IO Inc. is defending a $673 million judgment it secured against Amazon in Illinois federal court last year, contesting Amazon's argument on appeal that the figure was won using cloud data storage patents that should be invalidated.

  • April 02, 2025

    Shooting Victim Can't Get $1M Under Policy, Berkshire Says

    A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.

Expert Analysis

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

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